Judgment of the Court (Fifth Chamber) of 15 January 2015 (request for a preliminary ruling from the Centrale Raad van Beroep — Netherlands) — Raad van bestuur van de Sociale verzekeringsbank v L.F. Evans

(Case C-179/13) (1)

(Reference for a preliminary ruling - Determination of the social security legislation applicable to a worker - Regulation (EEC) No 1408/71 - Applicability - Employment of a national of a Member State at the consulate of a third State in the territory of another Member State in whose territory he resides - Vienna Convention on consular relations - Article 71(2) - National legislation according facilities, privileges and immunities to permanent residents)

(2015/C 073/05)

Language of the case: Dutch

Referring court

Centrale Raad van Beroep

Parties to the main proceedings

Applicant: Raad van bestuur van de Sociale verzekeringsbank

Defendant: L.F. Evans

Operative part of the judgment

Article 2 of Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community, in the version amended and updated by Council Regulation (EC) No 118/97 of 2 December 1996, as amended by Regulation (EC) No 1992/2006 of the European Parliament and of the Council of 18 December 2006, read in conjunction with Article 16 of that regulation, should be construed as meaning that, for the period during which a national of a Member State has been employed at a consular post of a third State within the territory of a Member State of which he is not a national but within whose territory he resides, that national is not subject to the legislation of a Member State within the meaning of this provision if, by virtue of the legislation of his Member State of residence, adopted pursuant to Article 71(2) of the Vienna Convention on consular relations, concluded at Vienna on 24 April 1963, he is not affiliated to the national social security scheme.

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(1)  OJ C 189, 29.6.2013.